JIWNA Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) In proceedings under the Punjab Security of Land Tenures Act, 1953, an area of 7.34 S.A. out of the petitioner's holding was declared surplus by an order of the Collector (Agrarian), Kaithal, dated 21st July, 1964. In the appeal before the Commissioner, Ambala Division, the petitioner challenged the correctness of this order and contended that some of the area held by him being banjar and ghair mumkin should have been excluded from consideration in computing the surplus area. In rejecting this contention, the learned Commissioner observed :

(2.) This order of the Commissioner having been confirmed by the learned Financial Commissioner to whom a revision was taken, the petitioner has now approached this Court under Articles 226 and 227 of the Constitution for redress.

(3.) Besides referring to the fact that the plea for exclusion of banjar and ghair mumkin land was not put forward before the Collector (Agrarian), both the Commissioner and the Financial Commissioner have refused to exclude the banjar and ghair mumkin land held by the petitioner from consideration in computing the surplus area on the ground that unless such land was proved to be not used for any purpose sub-servient to agriculture, the petitioner was not entitled to its exclusion.